RESOLUTION NO. ____ -25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL DENYING
THE APPEAL AND UPHOLDING THE DECISION OF THE PLANNING COMMISSIONS
APPROVAL OF A PORTION OF A REASONABLE ACCOMMODATION REQUEST FOR
A REDUCTION IN THE MINIMUM AGGREGATE SIDE SETBACK REQUIREMENT TO
ACCOMMODATE AN ATTACHED CARPORT STRUCTURE FOR A PERSON WITH DISABLITIES AT 135 BYRON COURT
WHEREAS, the applicant, Jim and Julie Levesque (property owners), submitted a Reasonable Accommodation Request (ENT-2023-0058) to legalize a recently constructed, nonconforming, attached carport structure (constructed without permits), with minor modifications, to serve as covered parking for a disabled person that resides at 135 Byron Court in an R-10 Single Family Residential – 10,000 square-foot lot zoning district; and WHEREAS, in accordance with PHMC Section 18.112.050.A.1 of the Zoning Ordinance the Zoning Administrator referred the Reasonable Accommodation request to the Planning Commission; and
WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing was held by the Planning Commission on June 11, 2024, regarding the proposed Reasonable Accommodation, at which time all interested parties were invited to provide comments on the proposal; and
WHEREAS, the Planning Commission evaluated the proposed Reasonable Accommodation request for compliance with the General Plan, Municipal Code, and Planning and Land Use Ordinances; and
WHEREAS, at the June 11, 2024 public hearing, the Planning Commission adopted Resolution No. 11-24 approving a portion of the Reasonable Accommodation request allowing a 12-foot, 9-inch aggregate side setback where a minimum of 15 feet is required. The carport was conditioned to be modified to comply with the minimum 5-foot side setback requirement; and WHEREAS, on June 26, 2024, the applicant/appellant, Jim and Juliana Levesque (property owner) filed a timely appeal; and
WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing was held by the City Council on March 3, 2025, regarding an appeal of the Planning Commission’s decision on the proposed Reasonable Accommodation, at which time all interested parties were invited to provide comments on the proposal; and WHEREAS, in accordance with Sections 15301 and 15303 of the Guidelines for the Implementation of the California Environmental Quality Act of 1970, as amended, the proposed project is determined to be categorically exempt (Class 1 – Existing Facilities, and Class 3 –New construction or conversion of small structures) because the project consists of an alteration to an existing single-family home and the construction of an attached carport structure, which will not have a significant impact on the environment; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pleasant Hill, in accordance with Chapter 18.112 of the Pleasant Hill Municipal Code, hereby denies the appeal and upholds the Planning Commission’s decision to approve a portion of the Reasonable Accommodation request without prejudice, based upon the following findings, with the approval of a portion of the Reasonable Accommodation subject to Exhibit A:
Reasonable Accommodation Findings
1. The housing will be used by a disabled person;
The applicant’s basis for a Reasonable Accommodation is to accommodate a disabled resident of the home, specifically to provide covered parking and a covered path of travel from the parking area to the side entrance into the house with protection from the natural elements. The resident is considered to be disabled in accordance with the definition of a Disabled Person contained in Pleasant Hill Municipal Code Section 18.112.020.
2. The requested accommodation is necessary to make specific housing available to a disabled person;
The applicant is requesting a Reasonable Accommodation to legalize an existing, unpermitted and non-conforming carport structure to provide covered parking and a covered path of travel from the parking area to the side entrance of the house for a disabled resident of the home.
The requested carport dimensions would be 23 feet long and 22 feet wide, for a total of 506 square feet of coverage. The structure, as requested, requires a Reasonable Accommodation from two development standards: 1) The northeastern most portion of the carport, including the support column, is located 3 feet, 11 inches from the interior side property line, where a minimum 5-foot setback is required; and 2) as proposed, the property would have an aggregate side setback of 11 feet, 8 inches where a minimum 15-foot aggregate setback is required.
The Americans with Disabilities Act (ADA) includes minimum regulations for van accessible spaces, which includes a 12-foot wide parking space with a 5-foot wide loading/unloading area, totaling 17 feet. The applicant has stated they will require a 3-foot long ramp from the house to the paved parking area, therefore, the total necessary width for the ADA van parking area and ramp is 20 feet. While ADA standards do not regulate covered parking, the applicant has stated that protection from the natural elements is necessary for the disabled individual.
The unpermitted carport structure is therefore two feet wider than the 20-foot minimum width necessary to accommodate the needs of the disabled resident at the home and the nonconforming northeastern most post can be relocated 1-foot, 1-inch further away from the property line (towards the house) to comply with the 5-foot minimum setback. This would result in a carport structure dept of 20 feet, 1-inch (as measured to the outside of the support columns) which would comply with the minimum five-foot setback requirement while still providing the necessary covered ADA van parking and ramp access to the house. Therefore the requested accommodation for a 22 feet wide carport structure is not necessary, nor reasonable, to provide the requested covered parking and path of travel for the disabled person residing in the home.
However, if the unpermitted carport structure were to be reduced to a width of 20 feet, 1 inch to comply with the minimum side setback standard, it would still require a Reasonable Accommodation to reduce the aggregate setback requirement of the property from 15 feet to 12 feet, 9 inches. This Reasonable Accommodation request is necessary given that a 20-foot deep covered parking area is necessary to accommodate the ADA van parking and ramp access to the house. If the 15 foot aggregate setback were to be enforced, the carport structure would be reduced to 18 feet, 3 inches in width, which is not adequate to cover the parking space and ramp.
3. The requested accommodation would not impose an undue financial or administrative burden on the city; and
There would not be an undue financial or administrative burden on the City as a result of approving the proposed Reasonable Accommodation. Inspections for the garage conversion and accessory structure, and any other necessary follow up activities, would occur as part of the routine building and zoning permit process.
4. The requested accommodation would not require a fundamental alteration in the nature of a city program or law, including land use and zoning.
The property previously received approval of a Reasonable Accommodation request to convert the garage into a physical therapy room for a disabled resident. No replacement covered parking was conditioned as part of that request, therefore the property has no covered parking. The addition of a carport structure would bring the property closer to compliance with the City’s requirement for single family homes to have an enclosed, two-car garage.
As proposed, the carport would require a Reasonable Accommodation from the minimum five-foot setback requirement, which would represent a fundamental alteration in the development regulations for single-family homes. However, the proposed width of the carport structure can be reduced to 20 feet, 1 inch, which would comply with the minimum side setback standards of the zone while still providing the necessary covered parking to accommodate the disabled person’s needs. The revised carport structure would still require a Reasonable Accommodation to reduce the aggregate setback requirement from 15 feet to 12 feet, 9 inches, however this request would not require a fundamental alteration to any existing law or regulation since the minimum side setback requirements would still be in compliance.
The carport structure, as approved by the Planning Commission, complies with all other development standards including the 35-foot height limit (13-foot 6-inches proposed) and 30- percent maximum lot coverage requirement (29.9-percent proposed). Additionally, per PHMC Section 18.50.020 (Building projections into yards and courts), the eave of the carport may encroach up to two feet into the side setback so long as the outside of the post meets the setback requirement. Additionally, the modified carport structure would also comply with the minimum carport dimension standards outlined in PHMC Section 18.55.150.C, which require a minimum interior dimension of 9 feet wide by 19 feet deep for single carport car parking, with a covered roof over the entire parking area.
Finally, the carport structure is located approximately 78 feet back from Byron Court and is not highly visible from the street due to the angle of the house and property line. Therefore, the structure will not have a negative aesthetic impact from the adjacent right-of-way.
ADOPTED by the City Council, City of Pleasant Hill, on the 3rd day of March, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________________
SUE NOACK, Mayor
ATTEST:
_________________________________
LYONE P. CONNER, City Clerk
Exhibit A
CITY COUNCIL
CONDITIONS OF APPROVAL
LEVESQUE REASONABLE ACCOMMODATION
ENT-2023-0058
The following conditions of approval were approved by the Pleasant Hill City Council.
Conditions of Approval
1. Project Description: Approval is based on and shall be in accord with the plans contained in the project file, except as they may be modified by these conditions of approval. The approved plans shall be dated “PC Approved June 11, 2024”. The approved Reasonable Accommodation will legalize a recently constructed non-conforming carport structure (constructed without permits), with minor modifications as outline below, to provide covered parking for a disabled person that resides at 135 Byron Court. The carport structure shall be modified as follows:
a. The width of the carport shall be reduced to 20 feet, 1 inch and the northeastern post shall be relocated 1 foot, 1 inch away from the property line to comply with the minimum 5-foot side yard setback requirement b. The roof of the structure shall be modified so that the eave extends a maximum of two feet into the side yard
c. The structure shall be painted to match the single-family home d. The existing roof structure shall be modified/reduced in area, as shown on the approved plans, to ensure compliance with the maximum 30-percent lot coverage requirement for the property.
2. Compliance Deadline: The existing unpermitted carport structure shall be modified to comply with this approval by June 3, 2025. The Zoning Administrator has the discretion to approve an extension to the compliance deadline if a valid reason that prevents completion is provided.
3. Limits of Approval: A modification approved under Pleasant Hill Municipal Code Chapter
18.112 is considered a personal accommodation for the individual applicant and does not run with the land.
4. Compliance Inspections: The city reserves the right to inspect the property periodically to verify compliance with this approval and any conditions of approval.
5. Deed Restriction: The property owner shall record a Deed Restriction with the County Recorder’s Office requiring removal of the accommodating feature once the need for it no longer exists.
6. Building Permits: The applicant shall obtain all necessary building permits from the City Building Division. In addition, the project shall comply with all regulations contained in the 2022 California Building Code, or any other newly adopted Building Code in place at the time of the building permit submittal. Lastly, all structures/additions previously constructed without a building permit (Contra Costa County or City of Pleasant Hill) shall be brought into compliance prior to issuance of a building permit for Reasonable Accommodation ENT-2023-0058
7. Exterior Modifications: All proposed exterior materials, color and finishes shall match existing single family home.
8. Changes to Plans: A request for a change in the Reasonable Accommodation or a condition of approval requires a new application for modification of the condition. If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve that minor modification administratively, and that decision may be appealed to the Planning Commission. If the Zoning Administrator determines that the modification is major, then the modification shall be referred for consideration to the final decision-making body that approved the original Reasonable Accommodation.
9. Consistency of Plans: All construction plans, such as, but not limited to, the site plan, building elevations, landscaping and irrigation plans, grading plan, mechanical drawings, street improvement plans, and detailed drawings submitted to the Building Division for permits shall be coordinated for consistency by the applicant prior to issuance of any permits. Any change or modification to one particular plan shall require the corresponding revisions on all other applicable plans. The applicant shall be responsible for correcting any inconsistency that may occur through error or omission during plan preparation or construction.
10. Ordinance Compliance: Approval of this project shall not waive required compliance with all sections of the Pleasant Hill Municipal Code (zoning, subdivision, building codes, etc.), General Plan, and applicable policy plans.
11. Best Management Practices: The applicant shall implement construction best management practices, including the following, to reduce construction dust and noise:
a. Watering all exposed or disturbed soil surfaces, at least twice daily, as necessary to eliminate visible dust plumes. The frequency of watering should increase if wind speeds exceed 12 MPH;
b. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles of debris, soil, sand, or other materials;
c. Suspension of all earthmoving or other dust-producing activities or equipment during periods of high winds when watering cannot eliminate visible dust plumes; d. Apply water 3 times daily or apply (non-toxic) soil binders on all unpaved access roads parking areas and staging areas at construction sites; e. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites;
f. Sweep streets daily with water sweeper if visible soil material is carried onto adjacent public streets;
g. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for 10 days or more). h. Limit traffic speeds on unpaved areas to 5 mph.
i. Avoidance of unnecessary idling of construction equipment. j. Continuous cleanup of mud and dust carried onto street surfaces by construction vehicles (throughout excavation activities, haul trucks shall use tarpaulins or other effective covers)
k. Upon completion of construction, contractors shall take measures to reduce wind erosion by replanting and repaving as soon as possible after project construction l. Locate stationary construction equipment as far from adjacent occupied buildings as possible.
m. Select routes for movement of construction related vehicles and equipment so that noise sensitive areas, including residences, and outdoor recreation areas, are avoided as much as possible. Include these routes in materials submitted to the City of Pleasant Hill for approval prior to the issuance of building permits. n. The property owner shall designate a noise disturbance coordinator who will be responsible for responding to complaints about noise during construction. The telephone number of the noise disturbance coordinator shall be conspicuously posted at the construction site and shall be provided to the Zoning Administrator. o. Additional best management practices may be required by the Building Division and/or City Engineer. All additional best management practices shall be reviewed and approved by the Building Division and/or City Engineer, prior to implementation.
12. Wildlife Survey: As required to comply with applicable laws and regulations, if site disturbance commences between February 1 and August 31, a pre-construction survey shall be conducted by a qualified wildlife biologist. If nests of either migratory birds or birds of prey are detected on or adjacent to the site, the applicant shall consult with the CDFW to determine the size of a suitable buffer in which no new site disturbance is permitted until August 31, or the qualified biologist determines that the young are foraging independently. If more than 15 days elapse between the survey and site disturbance, the survey shall be repeated.
13. Construction Hours: Grading and construction operations (if applicable) shall be limited to the hours of 7:30 a.m. to 7:00 p.m. Monday through Friday. In addition, interior construction is allowed on Saturdays from 9:00 a.m. to 6:00 p.m., with construction activity is prohibited on all Sundays and City holidays.
14. Construction and Demolition Debris: Prior to building permit final, the applicant/developer shall comply with the requirements of the City of Pleasant Hill Construction and Demolition Debris Ordinance (Chapter 14.40). Prior to building permit final a waste management plan shall be submitted and approved by the Building Division.
15. Archaeological Evaluation: As required to comply with applicable laws and regulations, during all grading, trenching or excavation activities, a professional archaeologist shall be present to observe the work and should archeological materials be uncovered during grading, trenching or excavation activities, all work shall be stopped until a professional archaeologist has had an opportunity to evaluate the significance of the material and develop appropriate measures. Recommendations made by the professional archeologist, as approved by the Planning Division, shall be implemented.
16. Compliance with Conditions: Prior to issuance of a building permit final (certificate of occupancy), the applicant shall submit to the Zoning Administrator an annotated list of outstanding conditions demonstrating proof of compliance with a cover letter specifying how the project has addressed and complied with each of these conditions.
17. Fees: The Applicant shall pay all applicable City fees as established by City Council resolution and City ordinances.
18. Time Limit: The Reasonable Accommodation will lapse one-year after the date of approval (March 3, 2026) unless one of the following has occurred:
a. A building permit has been issued, substantial money has been expended, and construction diligently pursued; or
b. A certificate of occupancy has been issued; or
c. The Reasonable Accommodation is renewed by the hearing body which originally approved it.
19. Outside Agencies: The owner/applicant shall comply with the applicable requirements of all other agencies having jurisdiction over this project. This shall include but not limited to the Contra County Fire Protection District, PG&E, Contra Costa County Health Services, Central Contra Costa County Sanitation District, Contra Costa County Flood Control District, and Contra Costa Water District.
20. Federal, State, and Local Laws: Owner/applicant shall comply with all federal, state, and local laws. The issuance of this Reasonable Accommodation shall not constitute a waiver of the requirements of any federal, state, or local law.
21. Indemnification & Hold Harmless: The applicant, its heirs, successors, and assigns shall, at its sole cost and expense, indemnify, defend with counsel selected by the City of Pleasant Hill, protect, release, and hold harmless the City and any agency or instrumentality thereof, including any of its commissions, boards, agents, officers, or employees (“indemnitees”) from any and all claims, actions, or proceedings arising out of or in any way related to the processing and/or approval of this Project, the purpose of which is to attack, set aside, void or annul the approval of this Project and any environmental determination that accompanies it. This indemnification shall include, but not be limited to, suits, damages, judgments, costs, expenses, liens, levies, attorney fees or expert witness fees that may be asserted or incurred by any person or entity, including the applicant, third parties, and the indemnitees, arising out of or in connection with the approval of this Project, except to the extent attributable to the sole negligence or willful misconduct of indemnitees.